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  • 1 JUNE 2016 JUNE 2016 1

    JUNE 2016

  • 2 JUNE 2016 JUNE 2016 2

    Spring has

    Sprung!

    Moriarty, New Mexico Bill King: (505)220-9909

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    The 2016 calf crop is one of our best yet! To get a hold of these genetics, stop by! We still have Bulls for sale!

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  • JUNE 2016 3

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  • 4 JUNE 2016

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  • 5 JUNE 2016 JUNE 2016 5

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  • 6 JUNE 2016

    2

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    BE SET IN YOUR WAYS OR SET ON IMPROVING THEM.

    Theres no escaping change. Especially when youre trying to keep pace with a growing nation. So when the time comes to buy new equipment, purchase land or expand your operation, Ag New Mexico Farm Credit will be there. We give rural New Mexico access to the financial support it needs to never stop growing. AgNewMexico.com | 800.357.3545 Belen Clovis Las Cruces

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  • 8 JUNE 2016

    Willie Hernandez

    Farm Credit of New Mexico has been farmer and rancher owned since 1916. Weve spent the past 100 years helping our fellow farmers and ranchers grow their businesses and provide for their families. Weve strengthened our communities and our ties to the land over that time. We look forward to building on our mutual success in the century to come.

    farmcreditnm.com1-800-451-5997

  • JUNE 2016 9

    on the cover

    A fluffy ewe takes a rest. Sheep in New Mexico are

    down but not out with innovation and optimism

    leading the way to a bright future.

    VOL 82, No. 6 USPS 381-580

    JUNE 2016

    DEPARTMENTS10 N.M. Cattle Growers Association

    Presidents Letter by Pat Boone, President

    12 To The Point

    by Caren Cowan

    22 N.M. CowBelles Jingle Jangle26 News Update32 View from the Backside

    by Barry Denton

    34 New Mexicos Old Time & Old Timers by Don Bullis

    36 N.M. Federal Lands Council News by Frank DuBois

    37 New Mexico Beef Council Bullhorn39 My Cowboy Heroes

    by Jim Olson

    40 Market Place42 Real Estate Guide48 Seedstock Guide54 Farm Bureau Minute 55 Aggie Notes 60 On The Edge of Common Sense

    by Baxter Black

    62 Ad Index

    FEATURES16 Perseverance, Innovation & Optimism

    by Callie Gnatkowski Gibson

    20 Scrapie: Old Disease, New Optionsby Alexandra Eckhoff DVM, New Mexico

    Livestock Board

    25 How Corrupt is Government Science?

    by Ron Arnold, cfact.org

    28 EPAs Astounding Take-Over of State Water Law: Comment Period Ends

    42 Drug-Resistant Genes Spread Through Environment Not Meat Products

    53 A Country Girls Musins

    by Judy Keeler

    57 Meet Randall Major, NMCGA Southwest Vice President

    by Callie Gnatkowski Gibson

    www.aaalivestock.com

    NEW MEXICO STOCKMANP.O. Box 7127, Albuquerque, NM 87194

    505-243-9515 Fax: 505-998-6236

    E-mail: caren @aaalivestock.com

    Official publication of ...n New Mexico Cattle Growers Association

    Email: [email protected] 2231 Rio Grande NW, P.O. Box 7517,

    Albu quer que, NM 87194 505-247-0584, Fax: 505-842-1766;

    Pres i dent, Pat Boone Executive Director, Caren Cowan

    Asst. Executive Director, Michelle Frost n New Mexico Wool Growers, Inc.

    P.O. Box 7520, Albuquerque, NM 87194 505-247-0584

    President, Leroy Cravens Executive Director, Caren Cowan

    Asst. Executive Director, Michelle Frost

    EDITORIAL & ADVERTISINGPublisher: Caren Cowan

    Publisher Emeritus: Chuck Stocks Office Manager: Marguerite Vensel

    Advertising Representatives: Chris Martinez, Melinda Martinez

    Contributing Editors: Carol Wilson Callie Gnatkowski-Gibson,

    William S. Previtti, Lee Pitts Photographer: De e Bridgers

    PRODUCTIONProduction Coordinator: Carol Pendleton

    Editorial & Advertising Design: Kristy Hinds

    ADVERTISING SALESChris Martinez at 505/243-9515, ext. 28

    or [email protected]

    New Mexico Stockman

    (USPS 381-580) is published monthly by Caren Cowan,

    2231 Rio Grande, NW, Albuquerque, NM 87104-2529 Subscription price: 1 year - $19.95 / 2 years - $29.95

    POSTMASTER: Send address changes to New Mexico Stockman, P.O. Box 7127, Albuquer que, NM 87194. Periodicals Postage paid at Albuquerque, New Mexico, and additional mailing offices. Copyright 2015 by New Mexico Stockman. Material may not be used without permission of the publisher. Deadline for editorial and advertising copy, changes and cancellations is the 10th of the month preceding publication. Advertising rates on request.

    16Sheep

  • 10 JUNE 2016

    Pat Boone President

    Elida

    Tom Sidwell President-Elect

    Quay

    Jack Chatfield Vice President at Large

    Mosquero

    Dustin Johnson NW Vice President

    Farmington

    Blair Clavel NE Vice President

    Roy

    Jeff Bilberry SE Vice President

    Elida

    Randell Major SW Vice President

    Magdalena

    Shacey Sullivan (Russell) Secretary/Treasurer

    Albuquerque

    Jose J. Varela Lopz Past President La Cieneguilla

    Rex Wilson Past President

    Ancho

    Caren Cowan Executive Director

    Albuquerque

    by Pat BooneNMCGA President

    www.nmagriculture.org

    PRESIDENTS MESSAGE

    Hello Neighbors

    A s I write this, I have just finished helping my last neighbor brand for the spring works. We have had a good season of work, branding our cattle and helping our neighbors brand theirs. I thank God every day for horses and cows, and good neighbors, and for the days weve gotten to be together and work. We had a good crew today at the Hisel ranch, with a good number of good, young hands who love to work cattle, and are good at it. I am encouraged that there will be a few to take the place of us graybeards.

    Speaking of young people, we spent a couple of days in mid-May in Las Cruces attending the Agrifuture conference. Numbers were down from two years ago, but we still had a good group of young ag producers attend. We had good breakout sessions and good tours for them to attend and listen and see firsthand how successful producers operate. Thank you to all who had a part in it. Again, I am encouraged that there is indeed still a future for ag in New Mexico.

    Please support the NM Game Commission for upholding their decision to expand the hunting of Cougars. Animal rights groups have blasted the Gover-nors office and the Commission with calls and emails expressing their opposition to the Cougar rule. Contact me or the NMCGA office for phone numbers and email addresses to show your support.

    We continue to work on ESA issues (e.g. the meadow jumping mouse), workers comp, wolves, and whatever else comes along to attempt to drive us all out of business. Thank you all for your support in what we do. If you are reading this and are a NM cattle producer and not a member of NMCGA, please consider sending in your dues and joining our Association today. We need all of you to stand with us and for us. We are here for you, our friends and neighbors, and ask you to help us help ourselves. They are after us, our land, and our way of life. We must be diligent.

    We have a new year-round rate deal with Crowne Plaza and Fairfield Inn hotels in Albuquerque. It is for $81. Contact the NMCGA office to get the code for this rate. We appreciate them doing this for us.

    I better sign off for now. I hope to see you all in Ruidoso for our Mid-Year meeting June 12-14. I hope you have all had a shower or two, and pray for a good wet summer, with fat calves, full tanks, and a good market in the fall. God bless.

    Be blessed. Sincerely,

    Pat Boone Galatians 1:3&4

  • 11 JUNE 2016 JUNE 2016 11

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  • 12 JUNE 2016

    I am not really sure what I am going to write about once this election is over... which cannot be soon enough. The 2016 presidential campaign came to New Mexico in full force in late May. Sanders took the state by storm drawing large crowds from Santa Fe to the Mexican border. Former President Bill Clinton made his way with several quiet stops between Espaola and Albuquerque. Michelle Obama gave a grad-uation address in Santa Fe while her husband was traveling internationally deriding a presidential candidate.

    I get that he is our nations president and that there is respect due the office, if not the man. But, there should be a rule in there somewhere that requires a president act like a president.

    The main New Mexico event was pre-sumed Republican nominee Donald

    member of the Albuquerque Police Depart-ment was hit by a rock, bottle, pipe or who knows what else. I cannot image any policy or procedure that calls for anyone to allow that to happen. It is appreciated that videos are being scanned to make arrests beyond the four that took place the night of the riot. But, is that the new mode of law enforce-ment? Allow criminals to commit crimes right in front of police, do nothing and they hope you can identify them from a video later?

    But that event isnt the biggest problem with the whole thing. Where are the Humane Society of the US (HSUS), Animal Protection of New Mexico, Animal Voters, PETA, Wild Horse Observers Association (WHOA) or any of the other numerous groups that continually attack animal owners and users and or the New Mexico

    Trumps single stop in Albuquerque. I was out of town so I missed... probably it was a good thing, given the outcome. It wasnt what went on inside that made the national news, but rather the misbehavior that took place outside, including some Trump sup-porter being hurt.

    While the fact that people, from New Mexico or anywhere else, can think that they can get away with violence of that nature totally baffles me, clearly they can. While the Albuquerque Police Chief says otherwise, I cannot help but believe that the US Department of Justices hold over the Department played a role in the inabil-ity to control the crowd before things got out of hand.

    Before the evening was over, there were some 300 law enforcement officials on hand. There was a report that every

    As the Stomach Turns

    TO THE POINT

    by Caren Cowan, Executive Director,

    New Mexico Cattle Growers Association

  • JUNE 2016 13

    a need to quietly sit down in a safe environ-ment with a few people to begin to step the rhetoric back to the point that a reasonable conversation can be had, where willing minds can come off the defense and begin to look outside the box for solutions. There may be tools or methods to move forward to benefit everyone.

    The New Mexico Cattle Growers Associ-ation (NMCGA) has had an aggressive litigation strategy for nearly two decades. In the early years the Associations success rate was a howling success, with only a wolf case in the loss column.

    Over time we have been bested by federal agencies all to willing to settle away wins just to calm the waters. It has been long enough that federal agencies are

    truly care about animals. However, is this how future law enforcement will be handled?

    Undoubtedly there will be more elec-tions antics to talk about next month.

    Our Own Worst Enemy

    It may be time to take a look in the mirror. As we have problems raining down on us from every quarter, we need to decide if we want things fixed or if we want the fix to be ours at all costs.

    I know exactly how much fun it is to jump up and punch somebody in the face, figuratively of course. But I have learned the hard lesson that often that charging atti-tude only makes the situation worse.

    Sometimes, maybe even often, there is

    Livestock Board? How could anyone who was taking a photo of the rioters pushing a horse to the ground, maybe causing injury depending upon which news outlet you choose to believe, not be screaming to high heaven about the cruelty to those horses perpetrated by criminals??? The police horses were attacked just as brutally as the police men and women. One was hit with an incendiary device that could have easily set the tail on fire. Where is the outrage?

    To Mayor R.J. Berrys credit, he has posted $10,000 in rewards for aide in locat-ing these criminals. The reward fund is also accepting donations. The Mayor liberally spoke about the horses in his radio inter-view on the riot and the reward fund and that is greatly appreciated by people who

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  • 14 JUNE 2016

    in the critical habitat designation that uplands needed to be included as well was devastating for some ranchers.

    According to the USFS, there are 14 allot-ments in New Mexico and Arizona that are impacted at the present time. The agency believes that they have made adequate arrangements with 13 of those allotments without cutting grazing. They admit that the last allotment presents unique chal-lenges that it may take awhile to address.

    Because riparian areas are fenced off, t h e r e i s g r e at concern about the water rights that allotment owners have claimed for g e n e r a t i o n s . Because there are no man-made diver-

    sions, the New Mexico Office of the State Engineer (OSE) does not find any legal grounds to have the fences removed, at least at this point in time.

    Some 50 New Mexico Legislators have been in contact with the OSE. Congressman Steve Pearce has been working any and every angle he can think of. The New

    hundreds of species before 2017. Not that the enviros have heeded the settlement agreement, but federal agencies are bound by it.

    Work began on the species in earnest in early 2014 when U.S. Forest Service (USFS) allotment owners were advised that their grazing could be cut as a result of the forth-coming listing and critical habitat designation in the forests where the mouse was/is believed to live. The listing came on J u n e 10 , 2015 with the critical habitat des-i g n a t i o n following in March 2016.

    Fencing of riparian areas began in 2014 and was expanded to 300 feet either side of a stream in the designated critical habitat area. At first the word was that the mouse needed tall grasses along stream beds. The mouse is only out from late May to early September. While taking away any grazing in the high country during the grazing season is a big problem, the news

    putting policies in place that take away those early wins, creating untenable situations.

    Litigation may still be a valuable tool and it is being used right now on the wolf, jaguar, lesser prairie chicken and other

    endangered species. If there is solid footing for a suit, along with a clear path it may be worth taking the chance. Even with that premise, there is no doubt that we are dealing from a loaded deck and out funded. Litigation is a tool, but it is not the only tool as we fight to keep ranchers on the ground in the state as a whole.

    Do we want to keep ranching or do we want to be right?

    A Mouse In the House

    Among the issues of crisis in New Mexico is the endangered New Mexico meadow jumping mouse. This critically endangered and elusive critter is found in only three places in the West, the Apache Sitgreaves National Forest in Arizona as well as the Lincoln and Santa Fe National Forests. It was one of the animals included in the mega settlement made with the radical environmentalists by the federal govern-ment in 2012 that required action on

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    This critically endangered and elusive critter is found in only three places in the West ...

  • JUNE 2016 15

    The current situation is that near the end of May, the USFS is waiting on a draft bio-logical opinion (BO) from the U.S. Fish & Wildlife Service (FWS). That could come as soon as early June. The draft BO will be presented to the affected allotment owner. That owner may choose to share the docu-ment with others. There will likely be a meeting between the owner, the USFS and the FWS. There will be at least a 30-day comment period on the BO.

    It is certain that while the current fencing is temporary hot wire, that doesnt phase elk, there will eventually be a more effective temporary barbed wire fence and in all likelihood a permanent structure at some point in the foreseeable future.

    The State Engineer is working to find or permit solutions that apply to the water availability. But even that may not solve all the issues.

    There is not a solution on the table at the moment, but work continues on all fronts. Stay tuned.

    Mexico Department of Agriculture has com-mitted resources. New Mexico State Universitys Range Improvement Task Force has been on the case for years. The Otero County Cattlemens Association and the Otero County Farm Bureau have been relentless in trying to protect their members. The Otero County Commission has been involved. There was litigation including the NMCGA and the New Mexico Farm & Live-stock Bureaus filed in 2014 on the initial fencing that ended in a loss. If I have inad-vertently omitted anyone, please accept my apologies in advance.

    The point is that there are numerous people who are trying to come up with a solution. I believe there are untapped opportunities to protect ranchers through-out the state as the next 53 listing species, plus an untold number to be listed, come down. I cannot tell you what those are, but if I didnt believe that we can find some-thing to work on this and other issues, I couldnt get out of bed every day.

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    THERE IS STILL TIME...Register NOW for the 2016 Mid-Year / Annual Meeting in Ruidoso! The agenda is shaping up well. There will be plenty to learn with time to visit with old friends and make new ones.

    The New Mexico Wool Growers, Inc. will honor their Sheepman of the Year. We will hear the latest from Karen Budd-Falen. Members of the Legisla-ture will talk about their work in protecting property rights and water. Craig Rucker will be bringing Climate Hustle. There will be more!

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  • 16 JUNE 2016

    those produced in New Mexico, is up. A big part of Australias sheep producers are now producing super fine wool, so the supply of medium range wools is down worldwide, and the supply side of the market is dictat-ing prices. As far as the overall health of the wool industry, I feel like were fixing to turn it on again, Corn said. As soon as internat ional currencies stabi-lize, I think the textile indus-tries will be in a good position.

    A big factor in that increased demand is new wool processing equipment that was imported into the United States by ASI. This super wash equipment processes wool to eliminate the problem of shrinkage, so that wool can be machine washed. This has been very successful, he noted. Now, wool can be used in all types of garments that never would have been considered before including suiting and socks.

    The military is utilizing super washed domestic wool for many of its needs, and there is also increased demand from several smaller sporting goods-type businesses that are now able to use domestic wool to

    I ts a good time to be in the sheep busi-ness. With increasing demand for lamb and a good wool market worldwide domestic sheep producers are in a good position. In New Mexico, producers are going into the summer with good feed, green grass, and hope for the future.

    In southeastern New Mexico, Mike Corn shares their optimism. Corn operates Roswell Wool, which consolidates and markets wool from across the United States to domestic and international companies. He and his son Bronson also run the familys ranching operation raising fine-wool sheep and Hereford cattle. In addition, Corn is currently serving as Vice President of the American Sheep Industry Association (ASI), the sheep industrys national trade organization.

    Roswell Wool has held two wool sales in 2016, with one more scheduled for early June. We were tickled with the March 28 sale we sold all but one lot and our pro-ducers were happy then the market went up some more, Corn said. The April sale was also very good, the overseas currencies are working in our favor right now.

    Wool volume is up, Corn said, with Roswell Wool marketing as much wool today as when Corn and his partners bought the warehouse twenty years ago.

    We will sell between 3.5 and 4 million pounds of wool this year. In that regard we are very fortunate, although then we sold mostly New Mexico Wool and today it comes from all over the country.

    Demand for medium-type wools, like

    make wool socks. These are domestic com-panies that werent using American wool for their product because of the time involved in shipping and processing the wool overseas.

    As ASI Vice President, Corn sees the con-stant stream of issues that impact the industry, but is also proud of what the orga-nization has accomplished. We always need more volunteers, but its hard when people are so busy trying to make a living. For such a small organization, we carry a lot of weight, he pointed out. People look to

    us for guidance on many issues.

    Recently, ASI was able to work with the U.S. Labor Depart-ment on proposed changes to the H2A p r o g r a m w h i c h allows sheep produc-e r s t o h i r e sheepherders from other countries. The proposed changes were very significant, and would have made the program unworkable for most sheep producers. ASI was very involved in

    the process, and the final program changes were workable for producers and the department.

    ASI is also continuing to fight for produc-ers in northern states, like Colorado, Wyoming, Idaho and Utah, where the U.S. Forest Service is revoking grazing permits for domestic sheep in mountain areas because of the perceived potential for domestic sheep to spread disease to Bighorn Sheep populations. Because there is no scientific evidence of a problem, the

    Hall-Gnatkowski, Ancho NM

    N.M. Wool Growers Summer Convention

    June 12-14

    Were looking forward to seeing you at the ... Proud Members of the New Mexico

    Wool Growers

    We hope to see you at the Convention

    June 12-14 A.D. Jones Estate

    Punch & Suzanne Jones

    Proud to be part of theN.M. Wool Growers Annual Convention

    June 12-14 Ruidoso Convention Center

    See you there! Joan, David, Marc, Tammy, Cole & Clay Kincaid

    2016

    Convention

    Perseverance, Innovation & Optimismby Callie Gnatkowski Gibson

    The military is utilizing super washed domestic wool for many of its needs, and there is also increased demand from several smaller sporting goods-type businesses that are now able to use domestic wool to make wool socks.

  • JUNE 2016 17

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    organizations position is that if disease transmission was a serious problem, the current healthy Bighorn populations wouldnt exist because there has always been contact between the two.

    Mandatory price reporting is another big issue, and ASI is working with the U.S. Department of Agriculture to make it work to sheep producers advantage. Sheep meat and lamb is such a small percentage of the meat industry that it can be difficult for the USDA to see its importance, he noted. It is a way to put some stability back in the market, and would give us a way to combat imports.

    On that issue, and many more, he said, sheep producers have been very fortunate to have New Mexicos Ed Avalos serving in the Administration as Undersecretary for Marketing and Regulatory program in the USDA. Eddard and his undersecretary, Craig Morris, been great friends to the industry.

    As important as these issues are, the industry cant grow without producers willing to incorporate new and different options on their operations. The rough, dry country in southeastern New Mexico is perfect for raising sheep, and that is what

    ranchers have done for generations, but predator loss has made it almost impossible to stay in the business.

    By making some changes utilizing sheep herders and incorporating a different breed of sheep two long-time sheep operations located southwest of Roswell, the Felix River Ranch and the Taylor Ranch have formed a successful partnership that is growing and expanding.

    Ranchers Paul Taylor III and Ludwig Fra-senius run a combination of Rambouillet sheep, primarily a wool breed; and Dorper cross hair sheep, a meat breed that accli-mates well to almost any climate, explained ranch supervisor Vernon Crockett. When he started, they were running mainly Ram-bouillet sheep, but the number of wool sheep gradually declined, and in 2003 they purchased 300 head of the Dorper cross sheep. By December of 2011, they were running no wool sheep, but after doing some research and with help from Mike Corn, brought in Peruvian herders through the H2A program and eventually rebuilt the wool side of the operation.

    They brought in two herders in 2012, and now have 15 between the two ranches. Mountain Plains Agricultural Services in

    Wyoming works with the ranches on H2A program regulations and requirements.

    There is a lot of red tape involved and it is expensive to get into the program, but once you get past all of that, it is worth it, Crockett said.

    Under the program, each herders con-tract is renewed yearly. They can stay in the

  • 18 JUNE 2016

    would have a lamb crop between 80 and 90 percent at marking time and in the fall that would be down to 30 percent due to predators. Now, its not unusual to mark a 130 percent lamb crop in the hair sheep, and up to 120 percent in the Rambouillet herd. Most significantly, now they lose only one to two percent of their lambs to predators through the summer. Although there is still some predator loss, its nothing like we had before, he said. The herders have made a tremendous difference in our ability to raise sheep.

    Coyotes are adaptable, so when they start coming around we change the routine up, maybe move the sheep to a different pasture, until we can control the problem, he continued. We may not kill as many coyotes, but with the herders and guard

    dogs, we are able to control them much better.

    As the herd expanded, the ranchers incorporated irrigated grass pasture north of Roswell into the operation. Now, they take the older ewes from the ranch to the farm, where they are able to raise one or two additional lamb crops.

    One advantage of the Dorper cross sheep is their fertility Crockett said that their goal is to raise three lamb crops in two years. The possibility of that additional lamb crop really helps with the economics, Crockett noted.

    On the farm, they have established an intensive grazing program, where a 100-acre irrigated circle is fenced into 32 individual paddocks. The sheep are moved every one to two days depending on the

    United States for up to three years, then have to return home for 90 days before being eligible to return. These sheepherd-ers are dedicated, hard workers and a lot of them are just like family. One of our first herders is still with us and has really been a blessing. Hes now kind of a foreman, he keeps things going and helps recruit new herders. He takes a lot of pride in the job that they all do.

    All of the sheep on the ranches run in herded bands of between 600 and 1000 head. The herder is out with the sheep all the time, and takes care of them with help from his working dogs and four to six guard dogs per herd. At night, the bands of sheep are brought in to where the herders are camped, which helps keep predators away.

    Before bringing in the herders, they

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    available forage, then the grass is irrigated right after the sheep come off. Were still fine tuning it, but its working, Crockett noted. We hope to keep growing.

    Another advantage of the farm is that it makes more options available. When it gets dry, and we know its coming, we can move our best stock to the farm and sell what we need to on the ranch, so that when prices come back, or the drought lets up, we dont have to completely rebuild.

    Although they are not officially utilizing intensive grazing on the ranch, having the sheep herded is kind of the same concept, he noted. The herders are very attentive to the sheep, and let Crockett know when they need to move. When they get out in the morning, if the sheep kind of stay together and are content, he knows they have plenty of forage. When they start to stray and spread out, he knows they are getting hungry.

    The majority of the Dorper cross lambs, and some of the smaller wool breed lambs, are shipped from the ranch to ethnic markets in different parts of the country. Early weaning allows the ewes maintain their condition and rebreed easily, and meets the needs of their customers who

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    like the lambs to weigh around 65 pounds at shipping.

    For several years, the company mar-keted lamb meat to higher-end restaurants around New Mexico. Now, they have added a line of Charki a natural sheep jerky named for the Peruvian word for jerky that is marketed across the United States.

    Like anyone in business, sheepmen and women have to be willing to make changes

    like it or not to keep their operations going. These ranchers are making it work while keeping their traditions and heritage alive and strong not a small accomplish-ment in todays agricultural climate.

  • 20 JUNE 2016

    Scrapie: Old Disease, New Optionsby Alexandra Eckhoff, DVM

    S crapie is a fatal, neurodegenerative disease of the brain that affects sheep and goats. The first case of scrapie was diagnosed in the United States in 1947 in Michigan. Since then, it has been diag-nosed in more than 1000 flocks in this country. Currently, there are only two coun-tries in the world that are scrapie free: Australia and New Zealand. Scrapie is an incurable disease and can be spread from ewes to lambs at birth by oral contact with the placenta and placental fluids, contam-inated feeds, contaminated bedding and milk from infected ewes. Male sheep and goats can contract the disease, and may be a significant source of infection.What Causes Scrapie?

    This neurological disease is caused by an alteration in a prion protein (PrP) found in cells. The abnormal prion protein binds to normal prion protein and causes an accu-mulation of protein in the brain and death of nerve cells over time, leading to the appearance of clinical signs. Scrapie has a long incubation period, typically 2-5 years, followed by clinical signs of varying dura-tion (weeks to months) that end in death. Who is at Risk?

    Scrapie can affect any sheep, but man-agement and breed prevalence plays a role in the development of this devastating disease. The most commonly affected breeds in the US are black-faced meat breeds and their crosses. In the U.S., scrapie has been diagnosed in Suffolk, Hampshire, Cheviot, Southdown, Shropshire, Rambouil-let, North Country Cheviot, Dorset, Finnsheep, Corriedale, Merino, Montadale, Columbia, Cotswold, Border Leicester, Texel and crossbreds. U.S. sheep diagnosed with clinical scrapie present with a specific gene pattern known as QQ, QK or KK at the gene location codon 171. There is also an atypical type of scrapie called Nor98. Although goats are susceptible, the genetic predispo-sition has not been established.Clinical Signs of Scrapie

    Signs of scrapie can vary widely; infected sheep may live for months with the disease, but will ultimately die. Due to nerve cell damage, affected animals can alter their behavior, sometimes isolating themselves from the flock. Other changes include tremor of the head and neck, itchiness, and scratching and rubbing against fixed objects to provide relief. Other signs include loss of coordination, weight loss despite a

    exposed animals. These include removing the affected ewes, spaying exposed ewes or separating them from the flock and testing them annually. Under the NSEP, the USDA funds the cost of rectal biopsy testing of genetically susceptible animals and owners are indemnified for sheep removed from the flock based upon the commercial market value. All options are discussed with the USDA and the New Mexico Live-stock Board and a post exposure monitoring program is implemented.What Are the Benefits of Eradicating Scrapie?

    Infected flocks can suffer significant production losses. If left unchecked, the number of infected animals increases based on lambing of infected ewes and clinical signs will develop at an earlier age, making these flocks economically unsound. Addi-tionally, animals sold from infected flocks spread scrapie to other flocks, devastating the national sheep industry. The presence of scrapie in the U.S. affects interstate com-merce and prevents the export of breeding stock, semen, and embryos to many other countries. This disease costs the U.S. approximately $20-$25 million annually.We Need You!

    Although currently classified as scrapie consistent, New Mexico must maintain an effective scrapie control program by meeting its annual surveillance goals. If New Mexico loses its scrapie consistent status, interstate commerce will be restricted, financially affecting sheep and goat producers and forcing them to test in order to ship animals to other states.

    Currently, voluntary (and federally funded) rectal biopsy testing may be avail-able for sheep that meet the genetic and age requirements. Knowing the genetic potential of your flock and establishing a scrapie free flock increases the commercial value of the sheep and strengthens national and international commerce.

    Interested in Learning More? The NM Livestock Board is looking to perform live animal testing on sheep between 2-5 years of age that meet the genetic profile (black-faced meat sheep and their crosses) at no cost to the producer. To participate in this program or simply to learn more about scrapie, please contact the New Mexico Livestock Board, 300 San Mateo Blvd. NE, Ste. 1000, Albuquerque, NM 87108, 505/841-6161, or [email protected]

    References:www.aphis.usda.gov/animal_health/animal_diseases/scrapie/downloads/national_scrapie_surv_plan.pdf www.aphis.usda.gov/publications/animal_health/content/printable_version/fs_scrapie_recordkeeping.pdf eradicatescrapie.org sheepusa.org/ResearchEducation_OnlineEducation_Scrapie

    good appetite, biting of the feet and legs, lip smacking, and gait abnormalities such as high-stepping of the forelegs, bunny hopping, and swaying of the back end. Infected animals may appear normal at rest. However, when startled by a sudden noise or movement, the animals may start to shake or fall down in a seizure-like state. Regardless of the presentation (some animals may show no signs), death is always the outcome.Diagnosing and Eradicating Scrapie

    A presumptive diagnosis is based on the age of onset and clinical signs in conjunc-tion with a susceptible genetic profile. A live animal diagnosis can be made based on a rectal biopsy of lymphoid tissue even before clinical signs become apparent. After death, the diagnosis is based on the confirmation of prion protein in the brain, tonsils or retropharyngeal lymph nodes.

    Scrapie can be eliminated from a flock by sound management practices such as purchasing ewes from scrapie free flocks, avoiding commingling with other flocks, breeding for genetic resistance to scrapie, spaying genetically susceptible ewes, lambing ewes in individual pens, disposing of the placenta and associated birthing fluids in an area separate from the location of lambs, and cleaning and disinfecting any equipment that has been in contact with the placenta and placental fluids. Any ewe that dies suddenly or is euthanized for abnormal neurological behavior should be sent to the state lab for testing.The National Scrapie Eradication Program has Changed

    The National Scrapie Eradication Program (NSEP) is a cooperative State-Fed-eral-Industry program designed to eliminate scrapie from the US. The basis of scrapie eradication is on farm live animal testing of genetically susceptible sheep and regulatory scrapie slaughter surveillance (RSSS). To perform scrapie surveillance appropriately and trace affected animals, official identification of all sheep is essential. All IDs, certificates of veterinary inspection, business records (such as bills of sale) must be kept for five years even after the animals have died, have been slaughtered or have changed ownership.

    Infected animals found by slaughter surveillance or rectal biopsy are traced back to the farm of origin and any exposed or infected flocks are tested for the disease. Exposed flocks are genetically tested to determine which ewes are susceptible to scrapie. As opposed to the complete flock eradication that took place in the past, options now exist for managing scrapie

  • 21 JUNE 2016 JUNE 2016 21

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  • 22 JUNE 2016

    F or the first time activism has become a business and career area. From stu-dents in high school to the moms at home they are being bombarded with activist messages on a variety of topics and causes.

    Everyone is entitled to their own opinion and free speech should always be pro-tected, however what is lacking in society today is the development of critical-think-ing skills and the decision making processes needed to reach beyond the emotional appeal coming from activist groups. On the surface the perception is that these dedi-cated activist groups are fighting the good fight and sacrificing themselves for the greater good, when in reality they live well and earn respectable salaries. The success of their organizations and fund raising efforts is dependent on the attention they can generate on a certain issue.

    News programs are reporting about

    finish your story the activist might just admit they have been craving a steak and invite you to dinner.

    Chamiza CowBelles May 5, 2016, Pres-ident Nancy Phelps called the meeting to order with 10 members and three guests present. The minutes were read and approved. The treasurers report was pre-sented. As a result of last months discussion and motion, two banners were purchased for use in parades, booths, etc. One of the banners was brought to the meeting for all to see. Also on display was a sample of the new throw blanket. The throws are expected to be delivered this month. Nancy commented that Ag Day went well. The kids especially liked the cannulated cow and the mini horses. Gloria reported on the Kids and Kows booth. She had to focus on one aspect due to time constraints, but said the teach-ers would love to have us come to their classroom for a lengthier presentation. There were six gallons of ice cream left which are being stored in Robbies freezer for use at a later date. Any suggestions for improvements to Ag Day should be for-warded to Sara Marta or Crystal Diamond. After attending the Region VI meeting in Las Cruces, Nancy said the group needs to work more closely with other ag-related organizations. Prior to this meeting, most of the members perused and voted for this years scholarship recipient. Nancy said the quality of applicants this year made for a difficult decision. This years winner is Darin Welty. The written criteria will be updated for next years selection. Gloria mentioned that some members are not receiving the Stockman magazine. Robbie will follow-up. Gloria also related that one of the National Beef Ambassadors this year is a young woman from New Mexico, Lauren Schlo-thauer. She will be attending a national convention in Washington, DC, where her room alone will cost her $400 per night. The trip will be paid for either by Lauren herself or by donations. It was decided to donate $500. Meeting times were discussed and decided to move to 12 noon to benefit some working members and potential members. Jodell announced that the Chamiza Cowbelles are the largest donors to the local food bank run by the Episcopal Church. Jodell purchases the food with Cowbelles donations and makes sure to buy beef for protein. This month three new members joined the ranks: Susan Swaim, Linda Bierner and Krystie Wear. Welcome ladies! Marie won the door prize of free lunch. Meeting adjourned at 11:40. Submit-ted by Cathy Pierce

    activist issues with the information being provided by the activist organization as factual and using the activist as the experts along with celebrity endorsements further-ing the cause. Where are the actual experts-the farmers and ranchers, the sci-entist, those with boots on the ground who have evidence that is completely opposite to what the public is seeing through the media?

    This is where social media and blogs come in. Social media allows us to post a misleading article along with the counter argument to why the article is misleading. Blogs allow the blogger to breakdown the false science and reveal the truth. Our very own Beef Ambassador, Lauren Schlothauer, has a blog, www.daretocultivate.com and through her blog she is able to dispel mis-leading media articles and reveal the truth from the Ag perspective.

    I encourage everyone to check out her site and read her stories. Her latest blog titled Dear Farmer she has one request please share what you do with people that dont know. I will echo her request please take a few minutes to tell your story, your elevator story to someone who doesnt know and in the end, lets be smarter than the activist. Who knows, by the time you

    Dr. John Campbell 575/646-6180 / Dr. Glenn Duff 575/646-5279 http://aces.nmsu.edu/academics/anrs/

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    The Department also offers pre-veterinary studies our graduates have a high acceptance rate into veteri-nary medicine programs. We offer graduate degrees atthe Master of Science and Doctor of Philosophy levels.The M.S. or Ph.D. in Animal Science can emphasizenutrition or physiology, and offers a Ph.D. in RangeScience to study range management, range ecologyand watershed management.

    Dr. John Campbell 575/646-6180 / Dr. Dennis hallford 575-646-2515http://aces.nmsu.edu/academics/anrs/

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    JINGLE JANGLE

  • JUNE 2016 23

    support of Ranch Calf Program. Cheryl has canceled check and is asking for copy of endorsement to provide to LCFA. It was decided to award each of the 5 participants $50 after the show during the fair. Also decided was to donate $50 to the Capitan Alumni Scholarship Fund in memory of long time member Reba Barber. The Cowbelles summer meeting will be June 13, 2016. Please sign up with Ashley. Next meeting

    and the deadline is April 30. The Family Picnic will be Fathers Day, June 13 at Cedar Creek at 2 p.m. Brisket will be provided bring dessert and side dishes. Junior Cow-Belles will do games. Sharon reported that Josh Young participated in the Junior Beef Ambassador Contest and placed 2nd. His topic was the benefits of beef with special needs. Ashley discussed a concern that the LCFA did not show that group paid $250 for

    Powderhorn Cattlewomen held the May meeting with 13 members present. Ag Day held in Ft. Sumner was a success with several of the Cattlewomen helping in the 9 stations set up for the kids. Renee Grant and Kristen Wilton brought a steer and horses for the students to learn about care, and then facts about how wonderful beef is! Cindy King helped with cooking biscuits in a cast iron skillet over an open fire. Ellen Vaughan, Kelsey Mccollum and Joan Key handled the Brand Booth introducing kids to different brands, how to read them and then, making their own brand on paper. Aspen Achen and Kari Henry organized the entire event. Under new business, the annual Old Fort Day Bar B Que was dis-cussed. This is the money making project and Karen Cortese and Beverly Overton are coordinating the event. Several signed up for working and for bringing homemade desserts. Cost will remain $10 for adult, $5 for kids under 10. Kathy Reagan reported the Scholarship Committee chose Rhett Grant to receive the $500 scholarship. The group also nominated Allison Wilton for the Pat Nowlin Scholarship. Her application was sent to State Committee before deadline in April. The program was presented by Jackie Witt, NRA Certified Instructor, for NM Con-cealed Carry, Basic Pistol and Personal Protection program. She will be presenting a Concealed weapon class sometime in Ft. Sumner in the near future as several expressed desire to participate. Great lunch was provided and meeting was adjourned. Joan Key, Secretary

    Corriente CowBelles meeting held April 27, 2016 was called to order by Presi-dent Ashley Ivins at at Smokey Bear Park, with a Hotdog cook out. Willa reported that six new memberships had joined: Kristy Wilson, Melinda Wilson, Tracy Stone, Debbie Heineken, Judy Justus and Linda Chapman. Cheryl reported on all receipts and disbursements and her report was filed for audit. Terri Knight reported looking for a place to host a goat roping during the Smokey Bear Stampede. Ashley, JulieAnne and Sharon reported on Cowboy Jackpot. Less than 20 tickets are still available to sell, food has been assigned for preparation and will be purchased, decorations are planned and everything is going well. Kim reported that she is collecting pictures and recipes. Ashley reported that the quilt top is com-pleted and is at the quilter. Betsy Peralta will finish the quilt and it will be on display at the Cowboy Jackpot on May 7. Please sign out raffle tickets. Cheryl reported that she has received two scholarships applications

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    ness: New Mexico Indian Livestock Days May 11-13, 2016 Schedule. Lyn will man the booth at RT 66 Casino. Bosque Ag Days held May 12th and Carolyn is covering that. Torrance County Fair will be held in August. Plans to have a drawing for a cookbook and have the booth. Volunteers will sign up at July Meeting. NMCGA and NM CowBelle Midyear meeting Ruidoso June 12-14, 2016. CowBelle meeting will be on Monday afternoon June 13 at 3:00 p.m. New Busi-ness: Report on ANCW Region VI given by Lyn and Venita. ANCW is asking CowBelles in each state in Region VI to put together a

    hunting package for the silent auction for the ANCW summer meeting. Denver is the location for the ANCW summer meeting. Date: July 12 -14 Suggestion was made that folks get on Caren Cowens email for the recent legislative updates. Program: Julie Carter Her witty, funny books Cowgirl Sass & Savvy, and Cowboys You Gotta Love em and she had gorgeous pictures. Announce-ments: Next Meeting June 14 at Vera Gibsons home. Carolyn and Callie to help hostess. Potluck. Program: Camino Real Winery MEET AT THE VINEYARD at 10:30 a.m. Camino Real Winery is located at 13 Tome Hill. John Chavez verified he will give the Wine Tour in Tome. Turn on Tome Hill Road and he is the second house on the left and tasting room in back and winery across the street. We will then go to Veras house. Sub-mitted by Welda McKinley Grider.

    New Mexico CowBelles: Thank you to all who have submitted their news to Jingle Jangle. Please send minutes and/or newsletters by the 14th of each month to: Jingle Jangle, Janet Witte, 1860 Foxboro Ct., Las Cruces, NM 88007 or email: [email protected]

    Carter and Sherrill Tabing. The Bucket passed for FFA garnered $47. Roll Call: 12 Members in attendance. It was decided to accept the minutes of the April 12, 2016 meeting as mailed and emailed. Treasurer report given and filed for audit. Lyn pre-sented her bill for Sale Item expenses. Amazon bill and Caliente Design for the tablecloth to reimburse Vera. Four Thank you notes were passed. Unfinished Busi-

    will be at Hondo Iris Farm on May 22 at 1 p.m. Bring finger foods to share. Meeting adjourned at 7:23 p.m. Respectfully submit-ted, Sharon Young Secretary

    Chuckwagon CowBelles met May 10, 2016 at the Cain Homestead (S. of Gran Quivira). Meeting was called to order at 10:30 a.m. CowBelle Invocation, Pledge of Allegiance, & CowBelle Creed led by Presi-dent Lyn Greene. Welcome Guests: Julie

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    How corrupt is government climate science?by Ron Arnold, cfact.org

    M any have suspected that U.S. politi-cal intervention in climate science has corrupted the outcome. The new emergence of an old 1995 document from the U.S. State Department to the United Nations Intergovernmental Panel on Climate Change confirms those suspicions, or at least gives the allegation credence enough to ask questions.

    Its troubling that a FOIA lawsuit came up empty no such correspondence in our files when the old 1995 document was requested from the U.S. State Department late last year. This raises a certain ironic question: If I have a copy of your document, how come you dont?

    States response is also somewhat unbe-lievable because the document that fell into my hands showed States date-stamp, the signature of a State Department official and the names of persons still living along with 30 pages of detailed instructions on how to change the IPCCs science docu-ment and the summary for policymakers.

    The document itself consists of a three-page cover letter to Sir John Houghton, head of IPCC Working Group I (Science), from Day Mount, Deputy Assistant Secre-tary, Acting, Environment and Development, United States Department of State, along with the thirty-page instruction set with line-by-line suggestions, written by scien-tist Robert Watson and others.

    Among the more revealing tidbits is a remark scolding a scientist for being honest about the weakness of aerosol forcing data:

    We clearly cannot use aerosol forcing as the trigger of our smoking gun, and then make a generalized appeal to uncertainty to exclude these effects from the for-ward-looking modeling analysis.

    One instruction was to change a correct statement about warming rates into a flat lie: Change continue to rise to rise by even greater amounts to provide a sense of magnitude of the extended change.

    The entire document is too convoluted and technical to summarize here, so it is at cacti.org for your detailed examination. The document posted is unchanged and unal-tered in any way from exactly what I received from a well known and credible source that must remain anonymous to avoid harm or retribution.

    tions to change the science in all the IPCC Assessments? What is the Obama State Department doing to corrupt climate science to its forward its radical social and political agenda? Some of that is obvious. Its the clandestine part we need to know.

    I dont expect our government to answer truthfully. If they did, they might have to s t a r t a R I CO i nve s t i g at i o n o f themselves.

    There is evidence that the document is authentic based on a specific mention in the 2000 Hoover Institution report by S. Fred Singer and Frederick Seitz, Climate PolicyFrom Rio to Kyoto: A Political Issue for 2000and Beyond.

    The 1995 document raises 2016 ques-tions about the State Departments actions in the subsequent United National IPCC Assessment Reports. What did they do? Where are the correspondence and instruc-

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    Colorado Lawmakers Unanimously Thwart Federal Water Grab

    NEWS UPDATE

    by Randy Wyrick, www.vaildaily.com

    C olorado lawmakers unanimously made federal water grabs almost impossible.The Colorado Water Rights Protection Act passed both the Colorado House and Senate without a single dissenting vote. The bill thwarts federal efforts to control or own water that begins on or passes through federal land, and to do so without paying for it.

    Thats important in our region because about 80 percent of Eagle and Summit counties are federal land, said Glenn Porzak, one of the worlds leading water attorneys.

    In fact, the Eagle River Water & Sanitation District and Upper Eagle Regional Water Authority both have water infrastructure on federal lands.

    Rick Sackbauer, Eagle River Water & Sanitation District board chair, called the bill a great victory for water right holders in the Eagle River valley and throughout Colorado.

    The authority and other water providers have made enormous financial investments in water rights and water infrastructure in reliance on state laws, said George Gregory, Upper Eagle Regional Water Authority board chair.

    Water rights trifecta

    Porzak with Porzak, Browning & Bushong, is water counsel for Eagle River Water & Sanitation District, Upper Eagle Regional Water Authority and many others. He worked on the bill for three years.

    Porzak said the legislation does three things:1. Forces the feds to buy water rights, instead of taking them by

    manipulating policy.2. Forces the feds to go through state water court, in compliance

    with federal law.3. Orders Colorados state engineer not to enforce any water

    rights restriction by the U.S. Forest Service or the Bureau of Land Management, and provides tools for water right holders to fight these agencies in court if necessary.

    In other words, if the feds want water rights, then they have to buy them, like everyone else does.

    Water rights are a saleable commodity, Porzak said. Theyre trying to get the water for free. This bill creates a financial disincen-tive. They (the feds) can issue a directive, but they do so at their peril.

    Why it began

    The impetus for the bill began in 2012, when the Forest Service demanded that ski areas, in exchange for renewing their leases on public land, turn over their private state issued water rights to the federal government.

    The ski areas sued and the U.S. Forest Service lost on procedural grounds. The Court ordered the Forest Service to go back to the drawing board, and while improvements have been made in the context of ski area policy, the Forest Service has subsequently issued other policy directives that raise additional concerns for private water right holders throughout Colorado.

    The Forest Service said it was trying to make sure water rights stay with the ski areas, and arent sold separately if the ski area is sold.

    This legislation is not pie in the sky. It has real substance to it, Porzak said.

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    Vegans Have Blood on Their Handswww.consumerfreedom.com

    W hile People for the Ethical Treat-ment of Animals (PETA) and Humane Society of the United States (HSUS) both continue to push their vegan agendas, most people reject the claim that animalsespecially the lowliest, infestation-causing insectsare equivalent to people. And while trendy East Coast newspapers may harp on the supposed contradictions of omnivores, the contradic-tions of veganism are just as prominent. Perhaps thats why even an animal libera-tionist public opinion research group found that 84 percent of people who try to become vegetarian go back to eating meat.

    Writing at National Review Online, Josh Gelernter examines some of them. While PETA proclaims that its unethical to place human life above animal life, consuming any human diet, even a vegan one, requires exactly that. (Wed note here that theres nothing wrong with eating a vegetarian diet, if thats your preference. But HSUS and PETA arent in the choice businessthey dont want you eating meat, eggs, and dairy.) Gelernter explains:

    For one thing, most fruits, many vegeta-bles, and many nuts require pollination by bees. And not free bees, but slave bees, who are carried from place to place in boxes, by beekeepers. Even if the bees were wild and free, though, vegetarian fare would still be the product of animal cruelty because

    all, or virtually all, produce is grown using pesticides.

    Weve noted the hypocrisy of vegans on this issue before. While PETA has claimed that normal people are Nazi-esque perpe-trators of genocide, the truth is that theres

    continued on page 30 >>

  • 28 JUNE 2016

    EPAs Astounding Take-Over of State Water Law: Comment Period Ends 6/17/16by Karen Budd-Falen, Cheyenne, Wyoming

    I n a stunning display of federal over-reach, on March 1, 2016, the Environmental Pro-tection Agency and the U.S. Geological Service (collectively EPA) issued a Scien-tific Investigations Report arguing that the Clean Water Act (CWA) can also be used to regulate the quantity (amount) of water in the Nations rivers and streams. Accord-ing to the federal governments logic, because stream flows can potentially effect aquatic life and because the Clean Water Act requires the protection of the chemical, physical, and biological integrity of our Nations waters, National Pollution Dis-charge Elimination System (NPDES) permits or CWA Section 401 certifications should be required when an individual, community or municipality alters the quan-tity or amount of water available in rivers and streams. In an area that has ALWAYS

    protect the nations waters, the Report urges:

    First, states (or the federal government) should do more to quantify water quality standards for water flow to protect aquatic life designated uses. Doing more should include using numeric standards to quantify stream flow impacts on aquatic life.

    Second, once states adopt such water quantity standards, water quantity monitoring programs should be developed to determine if flow is contributing to water quality impairments such as altering the channel geomorphology, reducing riparian and flood-plain connectivity, causing salinity, sedimentation, erosion and temperature increases, and encouraging the invasion of non-native aquatic species.

    Because there are now numeric standards, the third step is to alter NPDES permitting programs to incorporate the new water quantity (amount) standards. Currently, the only time the EPA has included numeric standards for water quantity

    been left to the purview of the individual states based upon state Constitutional mandates and since a water right is a private property right, I believe that this amounts to an outright attack on state sovereignty and private property rights.

    The comment period on the Draft EPA-USGS Technical Report: Protecting Aquatic Life From Effects of Hydrologic A l te ra t io n , D o c ke t I D N o. E PA -HQ-OW-2015-0335 ends June 17, 2016.

    I. EPAs Draft Report Arguments According to the EPA, more needs to be

    done to restore and maintain the chemical, physical and biological integrity of the Nations waters. Human alteration of the natural flow regime can change a streams physical and chemical properties, leading to a loss of aquatic life and reduced biodi-versity. The EPA goes on to state that the human activities that can alter a streams characteristics include impoundments, channelization, diversions, agricultural practices, groundwater pumping, urban development, thermoelectric power gen-eration and others. Climate change, the agency claims, exacerbates these harms.

    Because the CWA requires the EPA to

  • JUNE 2016 29

    federal funding through EQIP or any of the other numerous Farm Bill programs, he would be required to get a CWA Section 401 certification because he may impact the quantity of water in a stream.

    If a municipality wants to drill wells for drinking water and is using federal funds to supply clean, safe drinking water to their citizens, it would be required to get a CWA Section 401 certification because the EPA believes that groundwater pumping can impact stream characteristics.

    If a rancher is working to develop additional water sources on his Forest Service or BLM grazing allotment, he would also be required to get a CWA Section 401 certification, separately

    the United States must provide the federal permitting agency with a CWA Section 401 certification. The certification declares that the discharge will not exceed water quality standards. Since the EPA Report argues that water quantity (amount) standards should be included in a states water quality standards, the CWA Section 401 certification would be required for diversions or uses that may require a federal permit since the diversion or use would impact the quantity of water in a stream.

    To bring this home, consider these examples:

    If an irrigator wants to divert water on his private land, but is applying for

    (or water flow) is for post-construction municipal storm water systems that can require the treatment of storm water run-off or require retention of a specified volume of water runoff. The EPA Draft Report would argue that this type of numeric standard setting and management should apply to all permitted activities impacting water quantity.

    In the alternative, even if a state does not have any type of numeric water quantity standards in place, the EPA argues that the state can still require a CWA Section 401 certification related to water quantity. Under the CWA, an applicant for a federal license or permit to conduct any activity that may result in a discharge to waters of

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    Finally, although the CWA has been applied to pollutants being added to water whether from a point source or a non-point source, the Draft Report advocates CWA control over the use of the water itself. Under this theory, a state of federal permit would be required even if a water right is simply exercised.

    granted by the state, is a private property right. Even the right to use water in a ripar-ian system is a private property right. And while the EPA will argue that these new requirements are not prohibiting the use of water, giving the state or federal govern-ment the ability to grant a permit under the Clean Water Act is giving them the ability to condition the permit to meet some state or federal numeric standards simply based on water quantity. Additionally giving the state or federal agency the ability to require a permit is giving them the chance to deny a permit.

    Third, although the EPAs Draft Report claims that it is merely providing a flexible, nonprescriptive framework and it is not impinging on state management of water rights, there is an entire appendix called

    Legal Background and Relevant Case Law arguing that the Clean Water Act applies to water quantity, not just water quality. I believe that this section is solely meant to counter any argument from water right property owners that the CWA cannot be used to regulate water rights.

    from the BLM or Forest Service National Environmental Policy Act or other permitting requirements.

    II. Reasons to Be Very Concerned With this Report

    The EPAs draft report is disheartening on so many levels. First, the EPAs Draft Report is the first step in significantly expanding federal power over the individ-ual states. The management of water quality, water rights and water use has always remained completely within the purview of the state, without any interfer-ence from the federal government. Wyomings Constitution, like the constitu-tions in most western states, provides that the water of all natural streams, springs, lakes or other collections are the property of the state. Even in eastern states, where water rights are based upon riparian uses, water rights and uses are governed by state law. The EPAs Draft Report is the first step in advocating federal oversight of an indi-vidual states ownership of water quantity.

    Second, the courts have time and again recognized that a water right, properly

    Comment period on Draft EPA-USGS Technical Report: Protecting Aquatic Life From Effects of Hydrologic Alteration, Docket ID No. EPA-HQ-OW-2015-0335 ends 6/17/16.

  • JUNE 2016 31

    Westway Feed Staffer Honored

    T he American Feed Industry Associa-tion named Cathy Bandyk, Ph.D., of Westway Feed Products LLC, and Ronny Moser, Ph.D., of JBS United, Inc., its Members of the Year during a ceremony at its Board of Directors dinner May 4, in Arlington, Va. Bandyk is known for her many accomplishments with AFIAs foundation, the Institute for Feed Education and Research (IFEEDER), as well as involvement with the AFIA Liquid Feed Committee and the Nutrition Member Interest Group and Ruminant Subcommittee. Moser was a key component in informing AFIA membership of preventative measures concerning the porcine epidemic diarrhea virus.

    The Member of the Year Award is pre-sented to an AFIA member who exhibits the utmost support throughout the year to help the organization achieve its goals and objectives. With the exception of the 83 members on the Food Safety Moderniza-tion Act work group who received the 2014 Member of the Year Award, only 34 individ-uals prior have been honored.

    Bandyk serves on IFEEDERs Board of Trustees and played an instrumental part in the realignment of IFEEDERs future to better benefit AFIA membership and the industry. She is part of both the research and marketing committees of the founda-tion, and has chaired their annual silent auction. Bandyk is also an active member of the Liquid Feed Committee, recently stepping into the role of secretary. She headed a major update of the committees Liquid Feed Handbook and an educational PowerPoint to share with academia and the industry.

    At the 2015 Liquid Feed Symposium, Cathy presented a liquid feed historical timeline that featured six decades of indus-try and individual accomplishments, said AFIA President and CEO Joel G. Newman.

    The timeline was a perfect portrayal of the successes and advancements liquid feed has undergone and the future it holds.

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